Health Law Certificate Requirements

Required course for all law graduates:

Business Organizations I (3 hrs.)

This course is an introduction to the fundamental legal principles governing agency and fiduciary relationships, unincorporated business associations, and corporations. Among the topics covered are: 1) the formation, operation, and dissolution of partnerships, limited liability companies and corporations (both privately-held and publicly-held); 2) the distribution of powers among the owners and managers of such organizations; and 3) the relative advantages of various organizational forms.

The following additional courses are required to earn the Certificate in Health Law:

Introduction to Health Law (3 hrs.)

This course introduces and explores areas of law dealing with the creation and maintenance of "health." It covers the major mechanisms for insuring quality in health care and the ethical dilemmas that may result from medical treatment or other scientific interventions. Three main topics are covered: 1) the treatment relationship, 2) public health and access to care, and 3) issues of bioethics generally.

Health Law II: Access, Regulation, Compliance and Strategy (3hrs.)

This course explores key legal and regulatory concepts and issues impacting the delivery of healthcare in the United States. Topic areas will include, but are not limited to, state and federal regulation of health care providers and institutions including the Stark Law, and the Federal Anti-Kickback Statute; patient and provider rights and obligations; public and private insurance systems including the history of Medicare and Medicaid; business and legal issues that arise in the provision healthcare including a detailed look at the regulatory environment surrounding any healthcare provider; and a detailed discussion of the impact of the Patient Protection and Affordable Care Act. There are no prerequisites to this course but it is preferred that students have completed “Introduction to Health Law.” The course will examine, as a whole, the healthcare industry and the relevant laws and regulations that govern its operation from two very different perspectives---a physician’s perspective and a hospital’s perspective.

Administrative Law (3 hrs.)

This course deals with the creation and functions of administrative tribunals, the procedure before such tribunals, and judicial relief from administrative action.

In addition to the above-mentioned courses which are required, a candidate for the Certificate in Health Law must also elect three hours from the following pool of courses:

Business Organizations II (3 hrs.)

This course builds on basic concepts learned in Business Organizations I and allows for more comprehensive and detailed examination of these topics. Particular issues covered may include 1) how ownership structure (closely v. publicly held) may impact corporate governance, 2) an introduction to federal securities law (including its antifraud rules), with particular emphasis on its impact on governance of business enterprises, and 3) the scope of the fiduciary duties owed to a business enterprise in fundamental transactions.

Prerequisite: LAW L746 (Business Organizations I)

Bioethics and the Law (3 hrs.)

This course provides an overview of law in relation to ethical issues in medicine and health care. Combining aspects of tort, constitutional, administrative and criminal law, the course begins with a philosophical examination of ethical theories followed by an examination of legal issues arising from the patient-provider relationship, including issues of consent, confidentiality, and privacy. Subject areas to be examined include questions regarding assisted human reproduction, end-of-life and life-sustaining procedures, organ transplantation and regulation of research.

Medical Malpractice (3 hrs.)

This course deals with the substantive and procedural aspects of medical malpractice. Through an examination of statutory and case law, combined with skills exercises , this course covers topics such as medical negligence, standard of care, causation, informed consent, respondeat superior, liability among providers, agency issues, and peer review.

Comparative Reproductive Bioethics and the Law (1hr.)

This course provides an overview of the law and bioethical issues associated with assisted reproductive technologies. Combining aspects of tort, constitutional, administrative and criminal law, the course begins with a philosophical examination of ethical theories followed by an examination of legal issues arising from assisted reproduction. In addition to assisted reproduction, the course will explore related issues of cloning and stem cell research.

Writing Requirement:

A candidate for the Certificate in Health Law must complete an academic research paper of high professional quality concerning Health Law. The paper may be written in conjunction with a Health Law Course listed above, as part of LAW L898, Law L905 Advanced Legal Writing, or through one of the College of Law’s journal offering. This paper must be advised by a member of the health law faculty. Advance approval of the topic by a member of the health law faculty is required.

Skills Credit:

At least one Skills credit must be earned in a Health Law related class.

Grade Point Average

A candidate for the Certificate in Health Law must maintain a GPA of 3.0 or better in the certificate course and an overall GPA of 2.5 or higher to obtain the Certificate in Health Law.